Andrea_liang

Seasoned IP Attorney & Litigator

Xiamen’s Landmark Case: Misappropriation of AI-Generated Data Collection Tools as Unfair Competition

Artificial Intelligence /

Case Summary A company based in Shanghai runs a non-ferrous metal price information platform called Shanghai Youmo Network. This site offers consumers daily spot metal prices, known as SMM price data, for various metals such as copper, aluminum, lead, and zinc, totaling 1,249 price points. The information is collected through market research and analyzed using proprietary AI algorithms, gaining considerable recognition in the market. […]

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Influence of Emotional AI APP on Conventional Tort Liability Assessment

Artificial Intelligence, Copyright /

This article, originally published in Chinese in Issue 10 of China Judgments in 2025, is authored by He Zhuolan, who holds the position of Assistant Judge at the Judicial Administration Office of the Guangzhou Internet Court. Emotional artificial intelligence (referred to as “emotional AI”) encompasses AI applications that facilitate emotional interactions with users and offer psychological

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China First Copyright Dispute Featuring Savvy Robot of Live Streaming

Artificial Intelligence, Copyright /

  The rapid advancements in intelligent robotics and live streaming have led to the emergence of numerous legal challenges, such as defining the legal status of virtual digital personas, determining if using someone else’s virtual persona for live streaming is an infringement, and whether mimicking another’s live streaming room design amounts to unfair competition. The Hangzhou Court addressed these issues in the Erbai Robot case, clarifying

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Non-Competition Typically Reserved for Employees Holding Keys to Trade Secrets Information 

Trade Secret, Uncategorized /

Non-Competition Typically Reserved for Employees Holding Keys to Trade Secrets Information – Ruling From Supreme People’s Court Referenced Case Database Summary of the Court Ruling If a non-compete agreement restricts an employee from pursuing a job in which they excel or have expertise during the specified period, and this significantly affects their livelihood and employment opportunities, the application of such restrictions must

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Protecting Trade Secrets in China: Leveraging Non-Compete Agreements Effectively

Trade Secret /

To safeguard their competitive edge and prevent employees from switching jobs or disclosing trade secrets, many companies implement non-compete agreements. These agreements require employees to refrain from working for or starting a business with a competing organization for a specified duration, thereby protecting the company’s trade secrets from potential leaks. In the area of legal

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Exploring the Evolution of Trademark Usage Evidence Standards in China’s Non-Use Cancellation Cases

Trademark /

I. Key Transformations in Legal Structure and Regulatory Approach China intellectual property landscape is undergoing a major shift towards necessitating significant commercial utilization. An important aspect of this shift involves the China Trademark Non-Use Cancellation, which is addressed in the proposed amendments to the Trademark Law (CNIPA Draft Amendment, January 2023). These amendments fundamentally change the

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Handbook for Safeguarding Food Recipes as Trade Secrets: Key Threats and Strategies for Protection

Trade Secret /

Introduction: The Strategic Imperative of Trade Secret Protection In the global food industry, which is worth trillions of dollars, proprietary recipes are vital competitive assets. Historical examples, such as Coca-Cola’s long-standing protection of its formula and the 2016 incident involving the theft of Lao Gan Ma’s chili sauce recipe—resulting in over ten million renminbi in

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Fortifying Global Success: A Comprehensive Intellectual Property Strategy Framework for China’s AI App Exports

Artificial Intelligence /

In a time when artificial intelligence knows no boundaries, developers of AI applications in China are leading the way in global technology. The rapid growth of AI app exports, which includes advanced language processing tools, computer vision technologies, and predictive analytics systems, necessitates the establishment of robust intellectual property protection measures. This strategic need goes

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Civil Liability Associated with Malicious Trademark Applications in China: A Comprehensive Legal Analysis & Strategic Guide

Trademark /

China continuous struggle against fraudulent trademark registrations signifies an important advancement in the realm of intellectual property protection. The amendments made to China Trademark Law in 2019, along with the Several Provisions on Regulating Trademark Application and Registration, represented a significant turning point by introducing strong measures to address exploitative registration practices in administrative processes.

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Insights into Landmark National Ruling Involving Artificial Intelligence Generated Content

Artificial Intelligence, Uncategorized /

This case marks a significant milestone as the first national ruling aimed at safeguarding the copyright of AI-generated “text-to-image” works.   （2023）京0491民初11279号民事判决书 In its ruling, the Chinese court maintained an “anthropocentric” approach to defining copyright ownership, viewing the AI model as a supportive tool rather than the primary creator. It underscores the legislative intent of “encouraging creation” while reaffirming

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